javed
02 November 2015 at 00:00
Cjm court has got power to impound passport of husband in domestic violence act? Is there any judgement regarding this? My clints husband is going to live india while domestic violence case is pending.
Rahul Metha
01 November 2015 at 10:38
Dear Sir,
my wife have filed divorce case have and have demanded 20,000 as interim and 30,000 for life time, my lawyer is in a hurry to file the reply directly for the final application. he said judge will not pass interim order because we are already paying 3000 in DV case and also she is earning. we will ask her for filing affidavit.
also my lawyer says that we have to file reply within 90 days of receipt of application and within 3 dates she has to file affidavit she cannot avoid the same as she is doing in DV case. She had not filed affidavit in DV case for almost 2 years now from the date of interim order inspite of our repeated application for the same and also for dismissing the case.
request to please suggest
1. in how much time the matter will go for mediation process after we appear in court for the first time.
2. is it compulsory to file reply within 90 days from receipt of petition or we can take some more time for the same. I want to try for mutual if we can rather than filing reply, as she had herself came and said we had filed divorce please come on next date.
3. what are the chances that Judge will not pass interim order if we file final reply for the same and argue accordingly.
sincere request to please guide on the above matter.
regards
Advocate Anis Ahmad 9456860195
01 November 2015 at 10:27
is there in supreme court direction regarding this matter
deepak
01 November 2015 at 01:21
In 2008 my wife filed a petition u/s 125 C.R.Pc for her own maintenance and minor child. Honorable session court rejected her petition under section (4) of 125 C.R. Pc as she refused to live with me without a reasonable cause and granted Rs. 2500/- per month to the minor child.
She filed revision for the same in high court wherein her petition was dismissed as not pressed and minor child’s maintenance was enhanced to Rs. 4000/- considering inflation rates.
Question : 1) Kindly explain what does this mean “petition dismissed as not pressed.”
2) What advantage can she take in future from this above order.
3) Now can she file a fresh petition for maintenance for herself .
santosh
31 October 2015 at 17:02
Hi,
My family is joint family till now.
my father is 2 brother and 4 sister.
and my grand father property in very less.
my father was in govt and he purchacase all property and make home as well they carry whole family of brother also including child nice nephew study to marriage...all money spend by my father... my uncle do nothing..whole life....my father now told that we equally divided all the land in all the son means in 3 parts 2 brothers me and my cusion, now my uncle demanding half property.... till now spend money by my father even they take food of my father money....
Please suggest me that if they case file in coart what will be the coart decesion half or my father choice....
Please reply on mail id
mail2santosh.sneh@gmail.com
Thanks
Law Querier
31 October 2015 at 11:58
Earlier petitioner filed a divorce petition(X) (u/s. 13(1) (i a) of Hindu Marriage Act) under the ground of cruelty in the family court. Then after, the contested divorce petition(X) was converted into mutual consent divorce petition(Y) (u/s.13B of H.M. Act) by the consent of both the parties. After that the respondent withdrew his consent from the mutual consent divorce petition(Y). So, the petition(Y) had been disposed by the Court.
When the contested divorce petition(X) was converted into mutual consent divorce petition(Y) and when the mutual consent divorce petition(Y) is disposed by the judge, the petitioner had not sought permission from the court to file the fresh divorce petition in future and the court has not granted permission to the petitioner to file the fresh divorce petition in future (Z) according to Order 23 Rule 3 & 4 of CPC.
Then, the petitioner did not approach to high court in time limitation. But, the petitioner has filed a fresh contested divorce petition (Z) (u/s. 13(1) (i a) of H.M. Act) in the same family court by mentioning same old allegations with adding the new allegation and mentioning the different cause of action than the earlier pettion(X) that, "the act of respondent for earlier converted the contested divorce petition converted into consent divorce petition and then after withdrawal of consent from the M.C.D. petition(Y) has treated petitioner with cruelty". The Relief claimed by the petitioner in fresh divorce petition (Z) is as same as the relief claimed in older divorce petition (X).
1. Can the petitioner be precluded from instituting this fresh suit under fresh divorce petition (Z) and Can the petitioner be liable for such cost as the court may award according to Order 23 Rule 3,4 of C.P.C?
2. Can this new suit under fresh divorce petition (Z) be barred under Section 10 of C.P.C (Res sub judice)?
3. If answer of question 1 or/and 2 is in positive then what other remedy available for petitioner if he/she wants to divorce from respondent?
susheel
31 October 2015 at 08:16
I am a govt employee. After 4 years of marriage , I filled a divorce case charging bad character and cruel behavior with me since one years. She left my house and live another area in same city with a person as paying guest. I found this address after phonic conversation with her. A Notice sent her by court's person and delivered, date for coming after one month. Both were present , counseling karai gai by family court but not successful , next date after one month . But she was absent. Court gave another next date after one month. She was again absent . family court judge gave expartee divorce in favour of me. Than according to lawyer I sent xerex copy of divorce with acknowledge ment letter to her temporary address( where notice delivered) and her permanent address ( where her family lived). I got acknowledgement of delivering of post from post office. And I approached to high court for caveat also. Both are happy with their life but after 10 month of court order she will contact me again and wanted to live and demand 5 lakh rupee. Nahi to police se milkar jhoothe case me phasa degi. Next day I met my lawyer he advised to give a application with divorce copy to IG. against her. After interfair of police matter was closed. Than she approached to court with a lawyer wanted to sat aside decree . I received a notice she said ki Maine dhoke se decree li h, court aayi hi nahi uski jagah koi doosri ladies aayi hogi.
Main kyakya karu , 1 machine baad meri doosri shadi h.
RAVINDRA SINGH
30 October 2015 at 10:51
Hello my respected sir, I want to share my home tragedy with you so that I can get easy n much better solution for that. My father has four sons and a daughter. My eldest brother took a separate place for his living with his family. But rest of three including me also live in the house. My elder bro who is working in the army and lived with his family , made a separate rooms and kitchen in the house besides this after captured his part he also captured the other part illegally. He also threatened to us that if anything happened to my family he filled an FIR against us. And when ask him to go from here, he refused and want to get 20lakh for the same. What should I do to get rid of the problem??? Plz suggests me as soon as possible. Most welcome to your valuable suggestions.
In short mere father ne property ka batwara nhi kiya hai, lekin mere bade bhai ne apne hisse ki property k alawa dusri jagah par bhi apna kabza kar liya hai aur ab Wo apne army me hone ka fayda utha rahe hain, kehte hain agar unki family ko koi problem huyi to Wo hum par case kar denge aur yahan se jaane k liye kaha to kehne lage 20 lakh dene padenge. Isme ab mujhe kya karna chahiye.
Mere father ka 200gaj ka plot hai. Jo ki 4 logo me divide kiya Jana h lekin ab mere father ye property bas teen logo me divide karna chahte hain.
Yes my father and mother both are alive n fine.
Vedanta shah
30 October 2015 at 08:51
hi
i have filled custody of child in family court since 2011. i got only access to child still the matter is pending.
my lawyer at this stage told me that for male child of age 6 you will not get custody from family court it only allows access and i need to file case in district court for custody of child.
I am confused as i am not sure if that is true or not.
also in family court is there any law if the arrears amount of 1 rs is also pending then court can dismiss the case or will not allow further
thanks
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Claim fathers property
Iam an adopted son but no legal documents has been filed at the time of taking because they adopted same family elder Brother Son, the adopted parents have a daughter.. after 23 years because of some family issues they sent back to my own parents now.. and they are saying they don't give any sharing in property to myself and they make everything to name of there daughter, but from my all academic and other documents from the beginning their name only mentioned as a father and mother.. can i claim Equal sharing in that property ? or what can i do according to your best of knowledge ?
Because my own father and mother name didn't mentioned in any of the documents of my.. then how can i claim in there ?
Between this two parents game i am suffering lot...kindly give me suggestions..